AUGUST 13, 1984 MINUTES
Cit@C)-f -vil-wi@i@
"WORLD'S LARGEST RESORT CITY"
Cny COUNCJL
MAYOR HAROLI)BEISCffOBEJ?l At L-p
VICE-MA YOR RE&A S MCLANAN, P-, A- @A
JOHN A. RAEW. @ @k
NA,VCYA. CRESCH, At @
ROBrRT E. FENTRESS. V@ B-A @A
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H JAR-K @rNG@ JR., L@ @k
LOUIS R. JONES. Jiy@ @k
ROBERT G. JONES, At L-g.
J @RYJW@COY. JR., A-@ @h
AtEYEkA E. O@RF, At @. t8l CnY HALL BUIZDJNG
RU7W HO@ES SMTM. CMC. Cty CITY COUNCIL AGENDA MUNICIPAL @
VMG,WIA MACH, VIRC.JNL4 @ OM
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August 13, 1984
Virginia Beach City Council
ITEM I. NEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 p.a.
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION AND EVALUATION OF DIRECT
APPOINTEES (in accordance with Section 2-89 of the City Code)
ITEM II. REGULAR SESSION OF VIRGINIA BRACH CITY COUNCIL - Council Chanbers
- 2:00 p.m.
A. INVOCATION: Reverend George S. Tyree
Key Stone Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TRE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of August 6, 1984.
E. PRESENTATION
1. Little Miss Virginia Beach: Rebecca Alessandra Eubanks
ITEM II. F. CITY MANAGER'S ADHIMISTRATIVE AGENDA
1. Analysis of Tourist-Related Revenues and Expenses for the
Fiscal Year Ended June 30, 1983: Mrs. Patricia Phillips,
Research Division, Department of Finance.
2. Review of Consent Agenda
G. DISCUSSION OF PERTINENT MATTERS - Mayor/Council
H. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Ego Drive, a 50-foot unimproved right-of-way containing
3,358.30-square feet, located east of Katt Lane, in the
petition of Willian R. and Helen H. Holz (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
2. Ordinance closing, vacating and discontinuing a portion of
Rouse Drive, a 30-foot wide improved right-of-way totaling
9,016-square feet, (.207 acre) located east of Grayson Road,
in the petition of Fred J. Dean III (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
3. Ordinance closing, vacating and discontinuing a portion of
South Lynnhaven Road, an improved 90-foot right-of-way,
located north of Old Towne Lane containing 23,470-square
feet, in the petition of John J. Woodard (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for denial.
4. Application of Gimbert Associates for a change of zoning
from A-1 Apartment District to B-2 Community-Business
District on a 1.1-acre parcel located on the west side of
Phillip Avenue, north of Virginia Beach Boulevard (Lynnhaven
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Robert Bernan and Hernan, Inc. for a change
of zoning from B-5 Resort-Commercial District to H-2 Resort
Hotel District on a 1.03-acre parcel located at the
southeast corner of Atlantic Avenue and 2nd Street
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II. H. PLANNING (Cont'd)
6. Application of Great Neck Associates for changes of zonings
located on the nortli side of Mill Dam Road, east of North
Great Neck Road (Lynnhaven Borough):
From B-2 Community-Business District to A-1 Apartment
District on a one-acre parcel;
AND,
From R-5 Residential District to A-1 Apartment District on a
2.7-acre parc6l.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Eleanor E. Withau for a conditional use
permit for an auto body repair shop on a .730-acre parcel
located on the east side of First Colonial Road, south of
14ichigan Avenue (Lynnhaven Borough).
a. Letter from the City Manaaer transmits the
recommendation of the Planning Commission
for approval.
8. Application of B&y Front Associates, Ltd. for a conditional
use permit for two life care-aged-nursing and personal care
centers on a 7.258-acre parcel located on the north side of
Shore Drive, west of Beech Street (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Ordinance to amend and reordain Article I. Section 107(a) of
the Comprehensive Zoning Ordinance pertaining to asenduents.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Ordinance to amend and reordain Article 5, Section 573(f) of
the Comprehensive Zoning Ordinance pertaining to maxisum 10t
coverage in the R-8 Residenti&l District.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
I. RESOLUTIONS
1. General
a. Resolution to establish policy for funding of the Lake
Gaston Water Resource Project.
b. Resolution in opposition to a request by Continental
Telephone Compauy of Virginia to the State Corporation
Commission to increase its rates in Case No. PUC840009.
2. Industrial Development Revenue Bonds--Housing Revenue Bonds
a. Resolution of City Council approving the issuance of
liousing Revenue Butids Ill an amount not to exceed
$19,000,000 for Barnett-R&nge Corporation and its
assigns by the Newport News Redevelopment and Housing
Authority.
ITEM II. I. RESOLUTIONS (Cont'd)
b. Resolution of City Council approving the issuance of
Housing Revenue Bonds in an amount not to exceed
$5,000,000 for Nevtovn Diamond Associates by the
Portsmouth Redevelopment and Housing Authority.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one notion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Ordinance to amend and reordain Sections 12-50, 12-52,
and 12-53 of the Code of the City of Virginia Beach,
Virginia, and add Section 12-55.1, pertaining to smoke
detectors.
2. Ordinance, on FIRST READING, to transfer or increase
Fiscal Year 1983-1984 appropriations within various
departments.
3. Ordinance, on FIRST READING, to accept and appropriate
funds of $24,000 from R. G. Noore Building Corporation to
Project #4-809 Rosemont Foreat Park.
4. Ordinance, on FIRST READING, to allocate additional
positions and provide accompanying appropriation of
$112,163 with a transfer from the General Fund Reserve
for Contingencies of $35,232 to the City Jail Treatment
Budget.
5. Ordinance, on SECOND READING, to appropriate funds of
$54,555 from the General Fund balance to refund the
Federal Government for site development of the Seatack
Borrow Pit.
6. Ordinance to transfer Capital Project Funds of $700,000
for site acquisition in the Little Neck area.
7. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Sandfiddler load to Frank
T. Williams, Jr., his heirs, assigns and successors in
title.
8. Proposal of Alex Brown & Sons, Inc. for the
lease/purchase of various equipment for the Public Works
Department totaling $912,454.70; AND, authorize the City
Manager to enter into the necessary agreements for the
lease/purchase of this equipment.
9. Raffle permits;
Women of Eastern Shore Chapel
Women's Club of Chesapeake Beach, Inc.
Aragona Garden Club
H-,mana Hospital, Bayside Auxiliary
10. Request of the City Treasurer for tax refunds in the
amount of $1,761-66.
ITEM II. K. APPOINTMENTS
1. Development Authority
2. Virginia Beach Task Force on Youthful Substance Abuse
L. UNFINISHED BUSINESS
1. Holiday Schedules - Regular City Council Neeting Dates
M. NEW BUSINESS
1. Authorization for the City Manager to execute a Cost
Participation Agreement for extension of water line: H. W.
Cunningbas and Doris L. Cunninghau - 1504 Duke of Windsor
Road
N. ADJOURNMENT
1. Motion to adjourn.
4
Item II-D.1
MINUTES ITEM 22365
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the Minutes of August 13, 1984, with a correction as
follows:
Page 10 - ITEM # 22331 (ORDINANCE UPON APPLICATION OF FRED J. DEAN,
III FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF
A PORTION OF ROUSE DRIVE KEMPSVILLE BOROUGH)
REPLACE 50-foot right-of-way with 30-foot right-
of way in the following condition:
1. Dedication of a ;G-ioet 30-foot right-of-way to
the sotith of the relocation of Rouse Drive.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 20, 1984
m I @l u 'r E S
VIRGINIA BEACI-1. CITY COUNCIL
Vlrgiiii[i Oc,"cil, Vlrginli
August 13, 1984
The Regular Meeting of the Council of the CiLy of Virginia Beacb, Virginia,
was called to order by Mayor Ilarold Heischober in tlie Confereiice RooTn, City
liall Building, on Monday, August 13, 1984, at 1:00 in tlie afternoon.
Council Members Present:
Joliii A. Baum, Nancy A. Creech, RoberL E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, 11. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
August 13, 1984
- 2 -
ITEM # 22321
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGNAR SESSION.
(a) 1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
AND,
(b) EVALUATION OF DIRECT APPOINTEES in accordance with Section 2-89 of
the Code of the City of Virginia Beach, Virginia.
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council voted to proceed into the EXECUTIVE SESSION at 1:02 in the afternoon,
to be followed by the REGULAR SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 13, 1984
2:00 p.m.
Mayor Harold Heischober RECONVENED the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, August
13, 1984, at Two O'Clock in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend George S. Tyree
Pastor
Key Stone Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 13, 1984
4
Item II-D. 1
MINUTES ITEM 22322
Upon motion by Councilwoman Creech, seconded by Councilman Louis Jones, City
Council APPROVED the Minutes of August 6, 1984.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 5 -
Item II-E.1
PRESENTATIONS ITEM # 22323
Mayor Heischober recognized LITTLE MISS VIRGINIA BEACH: Rebecca Allesandra
Eubanks. Miss Eubanks'mother was also in attendance.
Mayor Heischober presented a replica of the CAPE HENRY LIGHTHOUSE and a
Framed CITY SEAL as tokens of appreciation to Miss Eubanks.
August 13, 1984
- 6 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-F.1
ANALYSIS OF TOURIST-RELATED
REVENUES AND EXPENSES ITEM # 22324
Patricia Phillips, Research Division, Department of Finance, presented an
ANALYSIS OF TOURIST RELATED REVENUES AND EXPENSES for the Fiscal year
ending June 30, 1983, (copy of which is hereby made a part of the record).
The purpose of this study is primarily to enhance some of the previous
estimates on the effect of tourism on revenues versus expenses to the City.
Patricia Phillips further defined "City" to mean the MUNICIPAL BUDGET.
The second and most time consuming part of this study was establishing
a base line of historical data of appraised values for the tourist re-
lated area for the past five years, primarily on Atlantic Avenue and
Pacific Avenue in Virginia Beach.
Patricia Phillips further reiterated that she had worked closely with
Jim Ricketts of the PAVILION. She had drawn on several sources to de-
termine tourist expenditures. The most important souces was the U.S.
Travel and Data Center, who perform extensive research for the State
of Virginia. According to their figures, Virginia Beach had overnight
travelers spending $13 MILLION for the fiscal year ending June 30, 1983.
As this figure did not include foreign travelers or day visitors, foreign
visitors were estimated from a Conversion Study done by the Department of
Economic Deveolopment, and Beach Day Visitors were estimated from an Old
Dominion University Study.
After consideration to all sources, the estimate was $240 MILLION spent
by tourists in Virginia Beach for that year. Based on this estimate of
tourist spending, direct revenues and direct expenses were developed:
DIRECT REVENUES $16 MILLION (approximately)
DIRECT EXPENDITURES $ 6 MILLION (approximately)
NET BENEFIT $10 MILLION (approximately)
The study was divided into five sections:
1. Tourist Spending
2. Direct Revenues
3. Direct Expenses
4. The Tourism Multiplier
5. Real Estate Statistics
Patricia Phillips developed two charts to attempt to ascertain where the largest
portion of REVENUES was derived. Considering only Tourist Spending, Restaurant
Taxes make up the largest portion of the City's revenue with 35.4%. Hotel Room
and Meal Taxes make up 22% and General Sales Taxes make up 23.9%. If the rev-
enue derived from Tourist Related Businesses is considered, the ratios are a
little different. Real Estate Taxes are Dow very important, but Restaurant
Taxes, Hotel Taxes and General Sales Taxes are still the prime sources.
Concerning the City of Virginia Beach's Expenditures for Tourism, DEBT SERVICE
for the PAVILION is the largest source of expense with the Department of
ECONOMIC DEVELOPMENT also being very large primarily because of TOURIST
ADVERTISING and the expenses of the TOURIST DIVISION.
CHARTS depicting Summaries of Appraised values of Real Estate in the City of
Virginia Beach on Atlantic Avenue, Pacific Avenue, Side Streets and North
End were developed. Concerning these Summaries of Appraised Values, the North
End - 40th to 89th Streets (not on Atlantic Avenue)-increased over 100% over a
four-year period. The overall increases for the City were approximately 55%.
Patricia Phillips further advised that the TOURIST MULTIPLIER was not utilized
in her figures but Old Dominion University is going to address this in their
COST BENEFIT ANALYSIS for Atlantic Avenue. The U.S. Travel Data Center estimated
1.32 for the State of Virginia as the MULTIPLIER EFFECT.
City Council complimented Patricia Phillips on her extensive, well developed
RESEARCH ANALYSIS.
August 13, 1984
- 7 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
(Continued)
Item II-F.2
CONSENT AGENDA
SMOKE DETECTORS
CITY CODE AMENDMENT ITEM # 22325
Councilwoman Henley referenced an Ordinance to Amend and Reordain Sections
12-50, 12-52, and 12-53 of the Code of the City of Virginia Beach, Virginia,
and add Section 12-55.1, pertaining to Smoke Detectors (See Item II-J.1 of
the Consent Agenda). She referenced the i.nordinate amount of paperwork and
investigation involved. Chief Harry Diezel responded to her inquiries re-
ferring to it as a two-fold problem with the annual maintenance inspection and
education and awareness of the public.
LITTLE NECK AREA ITEM # 22326
Mayor Heischober noted that an Ordinance to transfer Capital Project Funds of
$700,000 for site acquisition in the LITTLE NECK area will be pulled for
discussion (See Item II-J.6 of the Consent Agenda). This Ordinance has been
AMENDED.
DISCUSSION OF PERTINENT MATTERS - MAYORJCOUNCIL
ITEM II-G.1
ROBERT HERMAN AND
HERMAN, INC. COZ ITEM # 22327
Councilman Jennings referenced Application of Robert Herman and Herman, Inc.
for a Change of Zoning from B-5 Resort-Commercial District to H-2 Resort
Hotel District (See Item II-H.5 of the Planning Agenda). Councilman Jennings
further advised of his letter to City Staff requesting the insertion of necessary
language to insure that Surfing would be allowed in the area of this rezoning
and same be presented as a possible condition to this Change of Zoning.
Councilwoman Oberndorf further requested that language be inserted in order
that buyers of the condominiums resulting from this change of zoning would be
alerted to the fact that this is not a private beach.
August 13, 1984
- 8 -
DISCUSSION OF PERTINENT MATTERS - MAYOR/COUNCIL
(Continued)
Item II-G.2
RAILROAD - NORFOLK/
VIRGINIA BEACH ITEM # 22328
Councilman McCoy referenced a future presentation by James C. Echols, Executive
Director, Tidewater Transportation District Commission, relative plans for
a railroad to run from Norfolk to Virginia Beach.
Item 11-G.3
"CONFIDENTIAL RESUME"
BOARDS AND COMMISSIONS ITEM # 22329
Councilwoman Henley referenced concerns of The UNITED COUNCIL OF CITIZENS/
CIVIC LEAGUES regarding the City's "CONFIDENTIAL RESUME" form.
To eliminate further misunderstanding, the practice of initialing the lower
left hand corner of the reverse side of the form will be discontinued.
The City Clerk will handle this administratively.
August 13, 1984
9
Item 11-H. 1
PLANNING ITEM # 22330
Reference was made to a Memorandum from R. J. Nutter, II, Assistant City
Attorney, to J. Dale Bimson, Mayor Heischober and Members of City Council
concerning non-compliance with the advertisement requirement necessary
for the Street Closure of a portion of EGO DRIVE in the matter of the
application of WILLIAM R. AND HELEN M. HOLZ (Said memorandum is hereby
made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
DEFERRED until PROPERLY ADVERTISED an Ordinance closing, vacating and discon-
tinuing a portion of Ego Drive in the petition of WILLIAM R. AND HELEN M.
HOLZ.
Ordinance upon application of Willam R. and Helen H. Holz
for the discontinuance, closure and abandonment of a por-
tion of Ego Drive beginning at the Eastern boundary of
Matt Lane and running in an easterly direction a distance
of 134.6 feet. Said parcel is 50 feet in width and con-
tains 3,358.30 square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 10 -
Item II-H.2
PLANNING ITEM # 22331
Fred J. Dean III, applicant, represented himself
Upon motion by Councilman McCoy, seconded by Councilman Louis Jones, City
Council APPROVED, subject to final approval in 180 days, an Ordinance, closing,
vacating and discontinuing a portion of Rouse Drive, a 30-foot wide improved
right-of-way totaling 9,016-square feet, (.207 acre) in the petition of FRED
J. DEAN III.
Ordinance upon application of Fred J. Dean, III for the
discontinuance, closure and abandonment of a portion of
Rouse Drive beginning on the east side of Grayson Road,
running a distance of 30.12 feet along the east side of
Grayson Road, running a distance of 248.90 feet along the
northern property line running a distance of 78.83 feet
in a southeasterly direction, running a distance of 54.32
feet in a southwesterly direction, running a distance of
42.45 feet in a northwesterly direction and running a dis-
tance of 218.90 feet along the southern property line.
Said parcel contains 9,016 square feet. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Dedication of a 50-foot right-of-way to the south
of the relocation of Rouse Drive.
2. Provision of a bond to cover the cost of right-of-
way improvements, as required by City staff for the
relocation of Rouse Drive.
3. Resubdivision of the property to incorporate the
closed portion into adjacent parcels to avoid the
creation of any nonconforming lots.
4. Maintain current road until new road is completely
constructed.
5. The closure of this right-of-way shall be contingent
upon compliance with the above-stated conditions with-
in 180 days of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None August 13, 1984
- 10a -
ORDINANCE NO.
IN THE MATTER OF CLI)SING, VACATIW., AND
DI INUING A PORTICN OF TBAT CERTAIN
ST@'T OF WIDTH IMM AS BDUSE
D@, LOCATED IN THE MTSVILLE BOROLCH
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
AS SMM CN THAT CERTAIN PIAT ENRITLED,
"RE-SLJBDIVISICN OF PROPEFTY OF ERED J.
DEAN, III, @ BOROUGI, VIRGINIA
BEACH, VIW.INIA", SHMING A PORTION OF
ROUSE DRIVE TO BE CLOSED AND RELIOCATED
AS SHDWN ON SAID PIAT FDR FRED J. DEAN,
III, WHICH PTAT IS PBCOFJ)ED IN THE CMW'S
OFFICE OF THE CIFCUIT COURR OF THE CITY OF
VIWINIA BEACH, VIICINIA, IN MAP BC)OK
AT PAGE
WHEREAS, it appearing by affidavit that proper notice has been given
by Fred J. Dean, III, that he would nake application to the Comcil of
the City of Virginia Beach, Virginia on August 13, 1984 , 1984,
to have the heririafter described street discontinued, closed, vacated and
relocated; and
, it is the judgnient of the Oc)uncil that said street be
disoontinued, closed, vacated and relocated as shown cn said plat; and
that no public inconvenience will result therefrom.
NOW, RE,
SECTICN I
BE IT 0 by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be disccntinued, closed and vacated:
BEGIMING at a pc)int on @ northeast corner of Rouse Drive
-d Grayscn Road; Thence running along the north side of
Rc)use Drive N 701 05' 00" E 248.90' to a point, being the
northeast corner of Rouse Drive; Thence turning and running
along the east side of Rc)use Drive S 23- 091 00" E 30.00, to
a point of curve; Thence alcng a curve to the left with an
arc distance of 48.83' and a radius of 44.711 to a point;
Thence turning and . 9 across RDuse Drive in a southwest-
erly direction S 65' 351 59" W 54.321 to a point on the
western side of RDuse Drive; Thence turning and running along
the western side of POuse Drive N 23- 09- 00-1 W 42.451 to a
Point that marks the southwest corner of Rouse Drive; Thence
t - ing and running along the south side of Pouse Drive S 70' 051
00" W 218.90' tO a POint located at the southeast corner
Of Rouse Drive and Grayson Road; Thence turning and running
along the eastern side of GraYscn @d across Rouse Drive N
22' 42' 30" W 30.121 to a point, the point of beginning.
The portion of Rouse Drive described above, contains 0.2070 acre.
Said Parcel of land being a portion of Rouse Drive as inclicated
on that certain plat of proper-ty to be vacated along existing Rc)use Drive
for Fred J. Dean, iii, which plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
, at page , and which is wade a part hereof by reference.
- 10b -
SBCTICN II
A certified copy of this Ordinance shall be filed in the Office
of the Circuit Court of the City of Virginia Beach, indexed in the rem
of the City of Virginia Beach, as grantor.
SECrICN III
Re@tfully subndtted,
F@ J./'@, ii@
3895 O@ Shell @ad
Virginia Beach, Virginia 23452
August 13, 1984
- loc
SIIAME', 8c f3YIiUM, 1.).C.
ATT.R.EY. AND COUNSELORS T LAW
2145 OLI) GREEN]3RlUR ROAII
TELEPHONE (804) 420-9663
RO.ERT 0. BYRUM F. 1. DE-N,ll.
.TE@EN F. S.A... F C..@..L
T.O.A. E. BYR.M
CFRrIFICATE OF VESTING OF TITLE
I, rrcd J. D-,an, III, do h(,reby cc-r-tify that:
1. I am an attorney at law and am also the petitiaier.
2. That if the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia, then
title tc) said property will vl-st in rred J. DLan, III, the adjacent land-
owli@,r, wiiu is Ul(-' liola(-,r ujv Llio wi@, lyijicj f@, @iii said pi-o@rLy.
@ said property re:C-errL-d to h(,rein is hereby d(-scribLd as follows:
BMINNING at a point on the northeast corner of @use DrivL-
and Grayson Road; Thence running along @ north sidl, of
I?ouse Drive N 7U' 051 UO" L' 248.901 to a point, being ti-lo
northeast comer of Rouse Drive; Thence turning and running
along the east side of Rouse Drive S 231 091 00" E 30.001 to
a point of curve; Thence along a curve to the left with an
arc distance of 48.031 and a radius of 44.711 to a point;
e tuming and ruming across Rouse Drive in a southwest-
erly direction S 65' 351 5911 W 54.321 to a point on the
western side of Rouse Drive; Thence turning and running along
the western side of Rouse Drive N 231 091 00" W 42.451 to a
pc)int that mrks the souuwest corner of Rouse Drive; @ence
turning and running along the south side of Rouse Drive S 70'
05' 00" W 218.901 to a pc)int lc)cated at the southeast corner
of Rc)use Drive and Grayson @; Thence turning and running
along the eastern side of Grayson Road across Rouse Drive N
220 421 3011 W 30.121 to a point, the point of beginning.
The porticn of Rouse Drive described above, contains 0.2070 acre.
Respectfully subndtted,
F@ J./pean, III@
Attorney at law
August 13, 1984
Item II-H.3
PLANNING ITEM 22332
Attorney Grover Wright represented the applicant
Robert Engesser spoke but not concerning the application.
Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City
Council APPROVED, subject to final approval in 180 days, an Ordinance, closing,
vacating and discontinuing a portion of South Lynnhaven Road, in the petition of
JOHN J. WOODARD.
Ordinance upon application of John J. Woodard for the
discontinuance, closure and abandonment of a portion of
South Lynnhaven Road beginning at the northern boundary
of Old Towne Lane, running a distance of 300 feet along
the western property line, running a distance of 57
feet more or less along the northern property line,
running a distance of 307.73 feet along the eastern
property line and running a distance of 110 feet along
the southern property line. Said parcel contains 23,470
square feet more or less. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. An easement reserved to the City for installation
and maintenance of public utilities.
2. An easement reserved for access of emergency
vehicles.
3. The closure of this right-of-way shall be contingent
upon compliance with the above-stated conditions within
180 days of the approval by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None August 13, 1984
Ila -
CITY OF VIRGINIA BEACH, VIRGINIA
TO (ORDINANCE OF VACATION
JOHN J. WOODARD, e-t al.,
PROSPERITY ENTERPRISES, et al.
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF SOUTH LYNNHAVEN ROAD, IN PRINCESS ANNE
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the int6nded application
of the applicant, John J. Woodard, to be presented to th6
City Council of th6 City of Virginia Beach, Virginia, on the
day of , 1984, for the vacation of th6
hereinafter d6scribed public stre6t in the City of Virginia
B6ach, Virginia, was on the 30th day of March 1984,
and on the 8th day of April -, 1984, duly published
twice with six days elapsing between the two publications in
a newspaper publish6d or having g6neral circulation in the
City of Virginia Beach, Virginia, specifying the time and
place of hearing at which affected persons might appear and
pres6nt their views, in conformity with th6 mann6r
prescribed by Code of Virginia, S6ction 15.1-364, for the
institution of proceedings for the vacation of a public
street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
I i-,, day of MarCh , 1984, and in conformity with the
manner prescribed by Cod6 of Virginia, S6ction 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia B6ach, Virginia, on the 21st day of May
GROVER C. WRIGHT, JR.
August 13, 1984
Ilb -
1984, appointed Robert J. Scott n n---
and C. Oral Lambert as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said street, and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of South Lynnhaven
Road in the Borough of Princess Anne, in the City of
Virginia Beach, Virginia, be and the same is hereby vacated
and discontinued:
All that certain piece or parcel of land,
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
that part of South Lynnhaven Road marked
by diagonal lines and designated "TO BE
CLOSED Existing South Lynnhaven Road" as
shown on the plat attached hereto entitled
"Plat of Portion of South Lynnhaven Road
to be Closed, Princess Anne Borough,
Virginia Beach, Virqinia", made by James
C. Hickman, Land Surveyor, dated October
31, 1983.
August 13, 1984
lic -
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of John J. Woodard and Prosperity Enterprises,
as grantees, in the Clerk's office of the Circuit Court of
the City of Virginia Beach, Virginia, at the expense of the
applicant.
3. This ordinance shall be effective thirty (30)
days from the date of its adoption.
Certified to be a true and exact copy of an ordinance
adopted by the City Council of the City of Virginia Beach,
Virginia, at its regular meeting held on the day of
1984.
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
August 13, 1984
- 12 -
Item II-H.4
PLANNING ITEM # 22333
Gerry Porterfield, Talbot and Associates, represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman Louis R. Jones,
City Council ADOPTED an Ordinance upon application of GIMBERT ASSOCIATES
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF GIMBERT ASSOCIATES FOR
A CHANGE OF ZONING FROM A-1 TO B-2 Z0884875
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gimbert Associates for a
Change of Zoning District Classification from A-1 Apart-
District to B-2 Community-Business District on certain
property located on the west side of Phillip Avenue, 250
feet more or less north of Virginia Beach Boulevard. Said
parcel is known as Lots 5, 6, 7, 8 and 9, Block 2, Beech-
wood, and contains 1.1 acres. LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A five-foot dedication along the frontage on Phillip Ave-
nue, 25 feet from the centerline of the existing 40-foot
right-of-way to provide for an ultimate 50-foot standard
right-of-way.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Thirteenth day of August, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, Barbara M.
Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
August 13, 1984
- 13 -
Item 11-H.5
PLANNING ITEM # 22334
Attorney Grover Wright represented the applicant and requested DEFERRAL
(letter from Attorney Wright is hereby made a part of the record)
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DEFERRED for one week until the City Council Meeting of August 20,
1984, the Ordinance upon application of ROBERT HERMAN AND HERMAN, INC. for
a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ROBERT HERMAN AND HERMAN, INC.
FOR A CHANGE OF ZONING FROM B-5 TO H-2
Ordinance upon application of Robert Herman and Herman Inc.,
for a Change of Zoning District Classification from B-5 Resort-
Commercial District to H-2 Resort Hotel District on certain
property located at the southeast corner of Atlantic Avenue
and 2nd Street, running a distance of 300 feet along the
east side of Atlantic Avenue, running a distance of 150 feet
along the southern property line, running a distance of 300
feet along the eastern property line and running a distance
of 150 feet along the south side of 2nd Street. Said parcel
contains 1.03 acres. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 14 -
Item II-H.6
PLANNING ITEM # 22335
Attorney Grover Wright represented the applicant
Opposition:
John Haynes, Jr., represented the Mill Dam Civic League
G. Constant Davis, concerned citizen
Jerry Anderson, represented Great Neck Association of Civic Leagues
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council DENIED an Ordinance upon application of GREAT NECK ASSOCIATES for
a Change of Zoning per the following:
ORDINANCE UPON APPLTCATION OF GREAT NECK ASSOCIATES FOR
A CHANGE OF ZONING FROM R-5 TO A-1 (MTLL DAM TARGET AREA)
Ordinance upon application of Great Neck Associates for a
Change of Zoning District Classification from R-5 Residential
District to A-1 Apartment District on certain property located
on the north side of Mill Dam Road beginning at a point 454.40
feet east of North Great Neck Road, running a distance of 335.80
feet along the north side of Mill Dam Road, running a distance
of 218.8 feet along the west side of Shoveller Avenue, running
a distance of 157.7 feet in a southwesterly direction, running a
distance of 202.2 feet in a northwesterly direction, running a
distance of 313.20 feet in a southwesterly direction and running
a distance of 417.7 feet in a southeasterly direction. Said par-
cel contains 2.7 acres. LYNNHAVEN BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 15 -
Item II-H.6
PLANNING ITEM # 22335 (Continued)
AND,
A motion was made by Councilman Jennings, seconded by Councilwoman Creech to
ADOPT an Ordinance upon application of GREAT NECK ASSOCIATES for a Change of
Zoning from B-2 Community-Business District to A-1 Apartment District.
Upon SUBSTITUTE MOTION by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of GREAT NECK ASSOCIATES for
a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF GREAT NECK ASSOCIATES FOR A
CHANGE OF ZONING FROM B-2 TO A-1
Ordinance upon application of Great Neck Associates for a
Change of Zoning District Classification from B-2 Community-
Business District to A-1 Apartment District on certain property
located on the north side of Mill Dam Road beginning at a point
350 feet east of North Great Neck Road, running a distance of
104.4 feet along the north side of Mill Dam Road, running a
distance of 417.7 feet along the eastern property line, running
a distance of 104.4 feet along the northern property line and
running a distance of 417.7 feet along the western property line.
Said parcel contains 1 acre. LYNNHAVEN BOROUGH
Voting; 8-3 (SUBSTITUTE MOTION CARRIED)
Council Members Voting Aye.
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, H. Jack Jennings, Jr., and Vice Mayor Reba S.
McClanan
Council Members Absent:
None
August 13, 1984
- 16 -
Item II-H.7
PLANNING ITEM # 22336
Attorney Moody Stallings represented the applicant
Ed Spruill-applicant's brother and operator of tbe shop
Ann Joyce, resident, represented the opposition
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED an Ordinance upon application of ELEANOR E. WITHAM for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF ELEANOR E. WITHAM FOR A
CONDITIONAL USE PERMIT FOR AN AUTO BODY REPAIR SHOP
R0884652
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Eleanor E. Witham for a
Conditional Use Permit for an auto body repair shop on
Lots 7 and 8, Block 11, Oceana Gardens. Parcel is located
at 227 First Colonial Road and contains 31,798 square
feet. LYNNHAVEN BOROUGH
The following conditions shall be required:
1. Approval is for a period of one year.
2. outside storage of vehicles shall be limited to a
maximum of fifteen - no parts or engines to be stored
outside.
3. An eight foot privacy fence to be constructed and
maintained along the rear of the property, on one side
of the property, and along the property line facing
the road to form a complete enclosure with the building.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Thirteenth day of August, Nineteen Hundred and E
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones,* Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None August 13, 1984
*Verbal Aye
1 7
Item II-H.8
PLANNING ITEM 22337
Attorney Thomas C. Broyles represented the applicant
Sam Houston, Sr., spoke in behalf of the elderly and in favor of the
application, noting the minimum age of "62" for individuals allowed
to utilize this facility.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of BAYFRONT ASSOCIATES, LTD.,
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF BAY FRONT ASSOCIATES, LTD.
FOR A CONDITIONAL USE PERMIT FOR TWO LIFE CARE-AGED-
NURSING AND PERSONAL CARE CENTERS R0884653
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bay Front Associates, Ltd.,
a Virginia Corporation for a Conditional Use Permit for
two (2) life care-aged-nursing and personal care centers
on certain property located on the north side of Shore
Drive beginning at a point 662.87 feet west of Beech Street,
running a distance of 436.21 feet along the north side of
Shore Drive, running a distance of 225.02 feet in a northerly
direction, running a distance of 40.86 feet in an easterly
direction, running a distance of 621.26 feet in a northerly
direction, running a distance of 360 feet more or less along
the northern property line and running a distance of 790.91
feet along the eastern property line. Said parcel contains
7.258 acres.LYNNHAVEN BOROUGH.
The following condition will be required:
1. Installation of an automatic sprinkler system and an
automatic fire alarm system meeting the approval of
Fire Plans Review Office and the City Fire Protection
Engineer.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Thirteenth day of August, Nineteen Hundred and Eighty-four.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None August 13, 1984
- 18 -
Item II-H.9
PLANNING ITEM # 22338
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED the following:
ORDINANCE TO AMEND AND REORDAIN ARTICLE I, SECTION I,
SECTION 107 (a) OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO AMENDMENTS.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan
Council Members Absent:
None
August 13, 1984
18a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I, SECTION 107(a) OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING To AMENDMENTS
BE IT ORDAINEB BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article I, Section 107(a); Planning Commission
hearing; action following hearing, of the C.Z.O. be amended and
reordained in part as follows.
(a) Initiation. Whenever the public necessity,
convenien6e, general welfare, or good zoninq practice require,
the city council may by ordinance, amend, supplement, or change
the regulations, district boundaries, or classifications of
property. Any such amendment may be initiated by resolution of
the city council, or by motion of the planning commission, or by
petition of-any-property-owner of the owner, contract purchaser
with owner's written consent, or the owner's duly authorized
agent therefor, of the property which is the subject of the
proposed zoning map amendment, addressed to the city council. In
the latter case, the petition shall be addressed to city council
but shall be filed with the director of planning. If a request
for a change in property classification does not show that the
proposed classification complies with all applicable rules and
regulations of this ordinance, then the director of planning
shall reject such request and return the petition and
accompanying fee forthwith to the petitioner. If the requested
change in property classification complies with the applicable
rules and regulations of this ordinance, then the director shall
transmit the petition to the planninq commission for
recommendation. However, nothing herein shall prohibit the
director from accepting a petition if an accompanying application
August 13, 1984
18b -
is pending before any public agency and if approval of the
accompanying application would bring the subject into conformity
with all applicable regulations. Any appeal to [from) the
decisions of the planning director may be made directly to the
city manager.
Adopted by the Council of the City of Virginia Beach on
the 13 day of August_, 1984.
DSH/re
4/12/84
(D)
u
August 13, 1984
-2-
- 19 -
Item II-H.10
PLANNING ITEM # 22339
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council DENIED the following:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 5, SECTION
573 (f) OF THE COMPREHENSIVE ZONING ORDINANCE PER-
TAINlNG TO MAXIMUM LOT COVERAGE IN THE R-8 RESI-
DENTIAL DISTRICT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 19a -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 573(f)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MAXIMUM LOT COVERAGE
IN THE R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 573(f), maximum lot coverage, of the C.Z.O. be
amended and reordained in part as follows:
573. Minimum lot area, lot width, yard spacing and maximum lot
coverage
(f) Maximum lot coverage: The maximum lot coverage for all
uses in the R-8 Residential District shall be not more
than ferty-@494 thirty (30) percent.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1984.
APPROVED AS TO CO
TFGNATURE
l@ l-lx.g4
I)EPMTMENT
Ap FORIA
@GNATURE
CITY ATTOPNEY
August 13, 1984
- 20 -
Item II-1.1a.
RESOLUTIONS ITEM # 22340
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council ADOPTED a Resolution (AS AMENDED)* to establish a Policy for
Funding of the LAKE GASTON WATER RESOURCE PROJECT.
*Typographical error in original Resolution.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 20a -
RESOLUTION TO FSTABLISH POLICY
FOR FTINDING OF THE LAKE GASTON
WATER RESOURCE PROJECT
WHEREAS, the City of Virginia Beach is in need of a
water resource alternative to its present potable water
supply as the City of Norfolk will not be able to meet the
requirements of the city in the future, and
WHEREAS, City Council, after reviewing many supply
alternatives, has determined that tbe most viable source
is Lake Gaston and obtained the necessary construction
permit from the Army Corps of Fngineers, and
WHEREAS, the project has been estimated to cost
$172,800,000 in the FY 1984-1988 Capital Improvement Program,
and
WIIEREAS, City Council has received reports on the
financing of the project from Arthur Young St Company,
Water Resource Alternative Financial Planning Model (August
3, 1984), and from Government Finance Associates, Inc., Options
For Debt Financing Of Water Supply Fro-M Lake Gaston (May 21, 1984)
and Financing Alternatives - Lake Gaston Project (June 28, 1984)
providing discussion material on methods of financing the
project which include (1) bonds backed solely by user fees
of the water and sewer system (revenue bonds), (2) bonds
backed by both user fees and the full faith and credit and
unlimited taxing power of the city ("double barrel" bonds),
(3) General Fund capital subsidy, (4) ad valorem tax and
(5) payments from other governmental units, and
WHEREAS, it is probable that some combination of the
aforementioned alternatives may be used in the ultimate
financing even though there are questions which need to be
addressed through further study and research on several
of the alternatives such as the need to resolve equity
questions related to the ad valorem tax item, to further
examine the implications to the city's credit rating, to
assure that any contribution from the General Fund is
structured as a capital rather than an operating subsidy to
the Water and Sewer Enterprise Fund, and to determine the
degree of financial participation by other governmental
units.
- 20b
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that it is recognized and established
as city policy that the prime source of financing for the
Lake Gaston Water Resource Project will be through the issuance
of general obligation bonds which are backed by a pledge of
revenue from user charges in the water and sewer system in
addition to the pledge of the full faith and credit of the
city since these "double barrel" bonds, although requiring
lower coverage than revenue bonds, will be considered more
secure by bond investors because of the general obligation
pledge and will result in lower interest costs to tbe city and
lower user fees to water customers, and
BE IT FURTHER RESOLVED that other forms of financing
will be considered secondary to the prime source but city
staff is directed to continue examination of all issues related to
the financing from secondary sources, including General Fund
capital contributions, if it can be determined that the use
of the secondary sources will reduce user charges, will be
in the best interest of the city and will not adversely affect
its credit rating.
Adopted: August 13, 1984
(AS AMENDED)
August 13, 1984
- 21 -
Item II-1.1b.
RESOLUTIONS ITEM # 22341
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution in opposition to a request by CONTINENTAL
TELEPHONE COMPANY OF VIRGINIA to the State Corporation Commission to in-
crease its rates in Case No. PUC840009 AND, Authorized the City Attorney
to intervene in the proceedings before the SCC to voice the opposition
evidenced by this Resolution.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 21a -
Requested by: Councilmember Barbara M. Henley
RESOLUTION IN OPPOSITION TO A REQUEST BY
CONTINENTAL TELEPHONE COMPANY OF VIRGINIA
TO THE STATE CORPORATION COMMISSION TO
INCREASE ITS RATES IN CASE NO. PUC840009
WHEREAS, in April 1984, Continental Telephone Company of
Virginia (Continental) applied to the State Corporation Commission
(SCC) for an increase in their rates for residential and business
customers and for the imposition of a new access charge on all of
its customers; and
WHEREAS, the increased rates requested by Continental
will increase their authorized return on equity from 15% to
between 16.25% and 16.75%; and
WHEREAS, without consideration of the access charqe
requested by Continental, the proposed rate changes, if approved,
will increase the basic monthly rates for residential customers
ranging from $2.50 to $7.80 and for business customers increases
ranging from $4.40 to $37.65 per month; and
WHEREAS, Continental has revised their application by
transfering their request for access charges to Case No.
PUC 830020; and
WHEREAS, the City Council has serious reservations about
the assumptions on which the requests for access charges are
predicated and about the equity of imposing such charges across
the board to all customers;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach,
Virginia, by and on behalf of the citizens of Virginia Beach,
requests that the State Corporation Commission deny the rate
increase in Case No. PUC840009 by Continental as such rate
increases are unreasonably high and based on a proposed quaranteed
rate of return of equity which is excessive and unnecessary.
August 13, 1984
21b -
BE IT FURTHER RESOLVED,
That the City Attorney is authorized on behalf of the
citizens of Virginia Beach to intervene in the proceedings before
the SCC to voice the opposition evidenced by this Resolution.
Adopted this 13 day of August , 1984, by the
Council of the City of Virginia Beach, Virginia.
RJN/da
5/3/8 4
5/8/84
5/9/84
8/3/84
8/8/84
(4)
-2-
August 13, 1984
- 22 -
Item II-I.2a
RESOLUTIONS ITEM # 22342
Sam Houston, Sr., spoke concerning 20% set aside in Industrial Development
Revenue Bonds for aged
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED a Resolution approving the issuance of Housing Revenue
Bonds in an amount not to exceed $19,000,000 for BARNETT-RANGE CORPORATION
and its assigns by the NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 22a -
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF HOUSING REVENUE BONDS FOR
BARNETT-RANGE CORPORATION AND ITS ASSIGNS
WHEREAS, the City of Virginia Beach Developinent Authority of
Virginia Beach, Virginia (the "Authority"), has considered the appli-
cation of Barnett-Range Corporation, a California corporation, and its
assigns (the "Developer") for the issuance by the Newport News
Redevelopment and Housing Authority (the "Housing Authority") of its
housing revenue bond or bonds in an amount not to exceed $19,000,000
(the "Bonds") to assist in the financing of the Developer's acquisi-
tion, construction and equipping of a 504-unit multi-family residen-
tial rental housing project (the "Project") located on Indian River
Road near its intersection with Ferrell Parkway, in Virginia Beach,
Virginia, which Project will reserve at least 20% of the housing units
for persons of low or moderate income, and has held a public hearing
thereon on July 10, 1984; and
WHEREAS, the Housing Authority has held a public hearing on
the same matter on June 19, 1984; and
WHEREAS, the Authority and the Housing Authority have
requested the City Council (the "Council") of Virginia Beach, Virginia
(the "City"), to approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia,
1950, as amended, a copy of the Authority's resolution and the Housing
Authority's resolution each approving the issuance of the Bonds, sub-
ject to terms to be agreed upon, a copy of the Authority's and the
Housing Authority's Fiscal Impact Statements and a reasonably detailed
suffmary of the comments expressed at each public hearing, if any, have
been filed with the Council of the City;
August 13, 1984
- 22b -
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council approves the issuance of the Bonds by the
Housing Authority for the benefit of the Developer, to the extent
required by Section 103(k) of the Internal Revenue Code, and to the
extent required by Section 36-19.2 and Section 36-23, Code of
Virginia, 1950, as amended, to permit the Housing Authority to assist
in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), and by Section 36-19.2 and Section 36-23 does not
constitute an endorsement of the Bonds or the creditworthiness of the
Purchaser, but, as required by Section 36-29, Code of Virginia, 1950,
as amended, the Bonds shall provide that neither the City, the Housing
Authority nor the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, the Housing Authority
or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach,
Including its elected representatives, officers, employees, and
agents, shall not be liable and hereby disclaims all liability for any
damages to any person, direct or consequential, resulting from (1) the
Housing Authority's failure to issue bonds for the Project for any
reason, including, but not limited to any decision by the Housing
Authority in its sole discretion to allocate its allowable industrial
developrnent bond volume to one or more other projects if the issuance
of tax-exempt bonds by the Housing Authority is restricted by any
State or Federal statute now or hereafter enacted; or (2) the Housing
Authority's failure for any reason after the isuance of bonds for the
Project to allocate a portion of lts allowable industrial developrnent
2
August 13, 1984
22c -
bond volume to the Project if the issuance of tax-exempt bonds by the
Authority is restricted by any State or Federal statute now or
hereafter enacted.
4. This Resolution shall take effect immediately upon its
adoptlon.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 13 1984.
RESOLUTIONS #I/BARN-R 3 -
August 13, 1984
22d
31 CONTINUED ON PAGE l@i 4
'%DGE QOAV
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,
OR, CT
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pn
Project Name: Barnett-Range Corporation
Project Address: Indian River Road near
its intersection with CHESAPEAKE
Ferrell Parkway 4-
WATER1/2%AY)
Type of Project: 504 Rental Units
3322
E
h" s
(D cm.C
22e -
FISCAL IWACT STATEMENT OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
DATE: July 10, 1984
TO: The City Council of Virginia Beach, Virginia
The undersigned Chairman states, in compliance with Section
15.1-1378.2, Code of Virginia of 1950:
Name of Applicant: Barnett-Range Corporation
Facility- Acquisition, construction and equipping of a
504-unit multi-fainily residential rental
housing project
1. Maximum amount of financing sought s 19,000,000.UO
2. Estimated taxable value of the facility's
real property to be constructed in the Phase I
City of Virginia Beach $ 12,404,000.00
Phase II
$ 8,200,000.00
3. Estimated real property tax per year Phase I
using present tax rates $ 99,712.00
Phase 11
$ 65,600.00
4. Estimated personal property tax per Phase I
year using present tax rates $ 1,000.00
Phase 11
$ 1,000.00
5. Estimated business license tax per
year using present tax rates $ NA
6. Estimated dollar value per year of
goods and services that will be $ 75,000.00
purchased locally (after construction) (Phase I only)
7. Estimated number of regular employees
on year round basis 7 (Phase I only)
8. Average annual salary per employee $ 12,000.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the Authority
has made no independent investigation with respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By /?Iv
Chairman PC/
August 13, 1984
MUNICIPAL BOND FORMS/BARN-FIS
22f -
SUMKARY SHEET
CITY OF VIRGINIA BEACH DEVELOPKENT AUTHORITY APPROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY NEWPORT t'E"S PEDEVE'-OP'I'IEI;T AND HOUSINC, AUTHORITY
1. PROJECT NAME: Barnett-Range Corporation
2. LOCATION: Indian River Road near its inter-
section with Ferrell Parkway
3. DESCRIPTION OF PROJECT: 504 unit multi-family residential
rental project
4. AMOUNT OF BOND ISSUE: $19,000,000
5. PRINCIPALS: Barnett-Range Corporation. a
California corporation
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property POH
b. Is rezoning proposed? No
c. If so, to what zoning
classification?
The purpose of this ReSolution is to approve Newport News Redeveloo-
ment and Housing Authority's issuance of its special revenue bonds
for the benefit of Barnett-Range Corporation.
A fiscal impact statement is attached to and subknitted with this
Resolution.
August 13, 1984
- 23 -
Item II-I.2b
RESOLUTIONS ITEM # 22343
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED a Resolution approving the issuance of Housing Revenue
Bonds in an amount not to exceed $5,000,000 for NEWTOWN DIAMOND ASSOCIATES
by the PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 23a -
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF HOUSING REVENUE BONDS FOR
NEWTOWN DIAMOND ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the appli-
cation of Newtown Diamond Associates (the "Purchaser") for the
issuance by the Portsmouth Redevelopment and Housing Authority (the
"Housing Authority") of its housing revenue bond or bonds in an amount
not to exceed $5,000,000 (the "Bonds") to assist in the financing of
the Purchaser's acquisition, construction and equipping of a 120-unit
multi-f&nily residential rental housing project (the "Project")
located at the intersection of Newtown Road and Shumey Lane, in
Virginia Beach, Virginia, which Project will reserve at least 20% of
the housing units for persons of low or moderate income, and has held
a public hearing thereon on July 10, 1984; and
WtiEREAS, the Housing Authority has held a public hearing on
the same matter on June 12, 1984; and
WHEREAS, the Authority and the Housing Authority have
requested the City Council (the "Council") of Virginia Beach, Virginia
(the "City'), to approve the issuance of the Bonds to comply with
Section 103(k) of the Internal Revenue Code of 1954, as &nended; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of Virginia,
1950, as &nended, a copy of the Authority's resolution and the Housing
Authority's resolution each approving the issuance of the Bonds, sub-
ject to terms to be agreed upon, a copy of the Authority's and the
Housing Authority's Fiscal Impact Statements and a reasonably detailed
summary of the comments expressed at each public hearing, if any, have
been filed with the Council of the City;
August 13, 1984
- 23b -
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council approves the issuance of the Bonds by the
Housing Authority for the benefit of Newtown Diamond Associates, to
the extent required by Section 103(k) of the Internal Revenue Code,
and to the extent required by Section 36-19.2 and Section 36-23, Code
of Virginia, 1950, as amended, to permit the Housing Authority to
assist in the financing of the Project.
2. The approval of the issuance of the Bonds, as required
by Section 103(k), and by Section 36-19.2 and Section 36-23 does not
constitute an endorsement of the Bonds or the creditworthiness of the
Purchaser, but, as required by Section 36-29, Code of Virginia, 1950,
as amended, the Bonds shall provide that neither the City, the Housing
Authority nor the Authority shall be obligated to pay the Bonds or the
interest thereon or other costs incident thereto except from the reve-
nues and moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, the Housing Authority
or the Authority shall be pledged thereto.
3. In approving the Resolution, the City of Virginia Beach,
including its elected representatives, officers, employees, and
agents, shall not be liable and hereby disclaims all liability for any
damages to any person, direct or consequential, resulting from (1) the
Housing Authority's failure to issue bonds for the Project for any
reason, including, but not limited to any decision by the Housing
Authority in its sole discretion to allocate its allowable industrial
development bond volume to one or more other projects if the issuance
of tax-exempt bonds by the Housing Authority is restricted by any
State or Federal statute now or hereafter enacted; or (2) the Housing
Authority's failure for any reason after the isuance of bonds for the
Project to allocate a portion of its allowable industrial development
2
August 13, 1984
23C -
bond volume to the Project if the issuance of tax-exempt bonds by the
Authority is restricted by any State or Federal statute now or
hereafter enacted.
4. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Vi rgi ni a, on August 13, 1984.
NEWTOWN/NEW-R - 3 -
August 13, 1984
23d
FISCAL IMPACT STATEMENT OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
DATE: July 10, 1984
TO: The City Council of Virginia Beach, Virginia
Tlie undersigned Chairman states, in compliance with Section
15.1-1378.2, Code of Virginia of 1950:
Name of Applicant: Newtown Diarnond Associates
Facility: Acquisition, construction and equipping of a
120-unit residential rental housing project
1. Maximun &nount of financing sought S 5,000,000.00
2. Estimated taxable value of the facility's
real property to be constructed in the
City of Virginia Beach $ 4,200,000.00
3. Estimated real property tax per year
using present tax rates $ 33,600.00
4. Estimated personal property tax per
year using present tax rates $ 2,000.00
5. Estimated business license tax per
year using present tax rates $ 1,500.00
6. Estimated dollar value per year of
goods and services that will be
purchased locally (after construction) $ 25,000.00
7. Estimated number of regular employees
on year round basis 3(plus 2 part-
time)
B. Average annual salary per employee $ 14,000.00
The information contained in this Staternent is based solely
on facts and estimates provided by the Applicant, and the Authority
has made no independent investigation with respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By lew
Cfiairman u
NEWTOWN/NEW-VBA
August 13, 1984
- 23e -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AP PROVAL
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO BE
ISSUED BY PORTSMOUTH REDEVELOPMENT AND HOUSING AUTHORITY
1. PROJECT NAME: Newtown Diamond Associates
2. LOCATION: Intersection of Newtown Road and
Shurney Lane
3. DESCRIPTION OF PROJECT: 120-unit multi-famil-y residential
rental pro.iect
4. AMOUNT OF BOND ISSUE: Ngt to exceed $5,000,000
S. PRINCIPALS: Anthony Genovese
Jerome Perlman
Jeffrey Kramer
Edward Kramer
Richard Kramer
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property A-2
b. Is rezoning proposed? Yes No X
c. If so, to what zoning
classification?
The purpose of this Resolution is to approve the Portsmouth
Redevelopment and Housing Authority issuance of its Special
Revenue Bonds for the benefit of Newtown Diamond Associates.
A fiscal impact statment is attached to and submitted with this
Resolution.
August 13, 1984
23f
N
c,- -
J-.-
Project Nam Newtown Diamond Asso i es
Address: Intersection of Newtown R(ad &
Shurney Lane
T,Ype: 120 Rental Unit$
- 24 -
Item II-J.
CONSENT AGENDA ITEM # 22344
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 7, 8, 9, and 10
of the CONSENT AGENDA.
Item 6 was voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
- 25 -
Item II-J.1
CONSENT AGENDA ITEM # 22345
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance to amend and reordain Sections 12-50, 12-52,
and 12-53 of the Code of the City of Virginia Beach, Virginia and ADD
Section 12-55.1, pertaining to smoke detectors.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
- 25a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 12-50, 12-52, AND 12-53 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND ADD SECTION
12-55.1, PERTAINING TO SMOKE
DETECTORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 12-50, 12-52, and 12-53 of the Code of
the City of Virginia Beach, Virginia, are hereby amended and
reordained and Section 12-55.1 is hereby added, pertaining to
smoke detectors, and read as follows:
Section 12-50. Where required.
In accordance with the authorities specified in Section
15.1-29.9, Code of Virginia, smoke detectors shall be installed
in the following structures:
(a) Neiti-fami+y-residential Any buildings containing
fedr-f4@ one (1) or more dwelling units.
(b) Hotels or motels providing overnight sleeping
accommodations to one (1) or more persons.
(c) Rooming houses, group homes, dormitories and other
public lodgings regularly used to provide overnight
sleeping accommodations.
+4+-sleeping-reemsT
Section 12-52. installation Requirements.
(a) The smoke detectors installed must be capable of
sensing visible or invisible products of combustion and,
when activated, the detectors shall provide an alarm
suitable to warn the occupants of the building. Smoke
detectors installed in dwelling units of said buildings
need only sound or alarm suitable to warn occupants
within the individual dwelling unit.
(b) Appropriate permits as required must be secured for
the installation of the smoke detectors powered by
alternating current; however, no fee will be charge for
the permit. August 13, 1984
- 25b -
(c) The smoke detectors shall be installed in locations
specified in applicable sections of the Virginia Uniform
Statewide Building Code.
Section 12-53. Responsibilities of owner/tenant. in-melti-family
residental-buildingeT
(a) The owner or agent of the owner of the a
multi-family residental building containing four (4) or
more dwelling units shall provide smoke detectors as
required by Section 12-52 (c) in hallways, stairwells,
and other public or common areas and shall maintain them
in good working order.
(b) The owner or agent of the owner of a dwelling unit,
which is rented or leased in a-multi-family-residential
any building containing four-f4@ one (1) or more
dwelling units, shall furnish the tenant at the
beginning of each tenancy and at least annually
thereafter with written certification that all smoke
detectors required by Section 12-52 (c) are present,
have been inspected and are in good working order.
(c) The tenant shall be responsible for reasonable care
of the smoke detector in accordance with Section
55-248.16, Code of Virginia, and for the interim testing
and providing written notice to the owner for the repair
of any malfunctioning smoke detector. In accordance
with Section 55-248.13, Code of Virginia, the owner
shall be obligated to provide and pay for service,
repair or replacement of any malfunctioning smoke
detector. Such service, repair or replacement must
occur within five days of receipt of written notice from
the tenant that a smoke detector is in need of repair.
(d) The owner or agent of the owner of a dwelling unit,
which is rented or leased in a-multi-family any building
containing fe"r-f4@ one (1) or more dwelling units shall
provide written notification to the tenant of the
-2-
- 25c -
responsiblities and duties proposed by subsection (c) of
this section.
Section 12-55.1. Compliance - Sale or Rental.
(a) Any buildinq containing fewer than four (4) dwelling
units which was not in compliance with this article on July 1,
1984, shall be exempted from the requirements of this article
until such time as that building or any dwelling unit therein is
sold or rented to another person.
(b) At least ten (lo)-days prior to the sale or rental of
any building or any dwelling unit therein as described in
subsection (a) above, the owner or agent of the owner shall
notify the fire inspector of said sale or rental.
Adopted this _13 day of August 1984, by the Council
of the City of Virginia Beach, Virginia.
RMB/da
(B)
6/@/ t$ 4
6/21/84
APPROVED AS TO CONT'CNT
ll.IIAIIII
@y
August 13, 1984
-3-
- 26 -
Item II-J.2
CONSENT AGENDA ITEM # 22346
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED, on FIRST READING, an Ordinance to transfer or increase
FISCAL YEAR 1983-1984 appropriations within various departments.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
- 26a -
AN ORDINANCE TO TRANSFER OR INCREASE
FISCAL YEAR 1983-1984 API'ROPRIKRIONS
WITHIN VARIOUS I)FPARTMENTS
WHEREAS, unanticipated conditions caused ttie expenditures of
various City budget units to exceed their appropriations, and
WHEREAS, other budget units liave excess appropriations or under
estimated revenues In amounts greater ttiati those budg,@L inits exce,,ding
their appropriations, and
WHEREAS, the City desires to reallocate appropriations aild
increase estimated revenues to alleviate the variance between expenditures
and appropriations,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations be reallocated or increased as follows:
Appropriation
Department/Budget Unit Adjustment
Fi-nan-c-e-:
04020-CJty 1'reasurer $ + 20,264
11061-Virgiaia Beach Transit $ - 20,264
Judicial:
06211-Juvenile Probation/Intake Unit $ + 16,200
06213-Juvenile Probation/Field Unit $ + 20,800
06212-Jtivenile Probation/Diversioli Unit $ - 37,000
Police:
09010-Police Chief's Staff $ + 86,500
09027-Police CommLinications $ - 86,500
Public Works:
-F-i-use Disposal
1031 ec $ + 166,500
10312-Refuse Collection $ + 80,200
10250-Traffic Design & Administration $ - 246,700
Parks and Recre-atio-n:
11012-Constructton & Maintenance $ + 24,200
11061-Virginia Beach Transit $ - 24,200
Library:
Law Library Fund:
@ o@l:-@w -c, @i@iy $ + 5,100
Estimated Revenues $ - 5,100
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
day of 19
FIRST READING
SECOND READING
KAR/2 ORD14
- 27 -
Item 11-J.3
CONSENT AGENDA ITEM # 22347
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED, on FIRST READING, an Ordinance to accept and appropriate
funds of $24,000 from R. G. MOORE BUILDING CORPORATION to Project #4-809
ROSEMONT FOREST PARK.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Robert G. Jones
August 13, 1984
27a
t-
z
ix
0
z -Z
n AN ORDINANCE TO ACCEPT FUNDS OF $24,000
FROM R. G. MOORE BUILDING CORPORATION
C. AND APPROPRIATE THESE FUNDS TO
CL PROJECT #4-809 ROSEMONT FOREST PARK
WHEREAS, the city has received a contribution of $24,000
from R. G. Moore Building Corporation for additional recreation
facilities for Rosemont Forest Park, and
WHEREAS, officials of the Department of Parks and Recreation
indicate that the funds can be used for the development of the
park site.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the contribution of $24,000 from R. G. Moore
Building Corporation be accepted and the funds be appropriated to
the Parks and Recreation Capital Project Fund Project #4-809
Rosemont Forest Park.
BE IT FURTHER ORDAINED that the appropriation be offset by
an increase of $24,000 in local, miscellaneous revenue.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 1984.
FIRST READING: August 13, 1984
SECOND READING:
JCM/ORD/11
August 13, 1984
- 28 -
Item II-J.4
CONSENT AGENDA ITEM # 22348
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED, on FIRST READING, an Ordinance to allocate additional
positions and provide accompanying appropriation of $112,163 with a trans-
fer from the General Fund Reserve for Contingencies of $35,232 to the
CITY JAIL TREATMENT BUDGET.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
28a
AN ORDINANCE TO ALLOCATE ADDITIONAL
POSITIONS AND PROVIDE ACCOMPANYING
APPROPRIATIONS TO THE CITY JAIL
TREATMENT BUDGET
WHEREAS, a manpower study of jail facilites funded by the
State Department of Corrections indicated a need for additional
personnel for the Virginia Beach Correctional Facility, and
WHEREAS, based on the study, the Sheriff indicated a need for
seven additional positions (five Transportation Officers, one
Physician's Assistant II, and one Classification Officer) for the
City Jail Treatment Budget, and
WHEREAS, the State Compensation Board, in its state reimbur-
sement for jail expenses which totals $874,031, approved the seven
additional positions, and
WHEREAS, the total city cost for the seven positions is
$112,163 of which $76,931 will be supported by an increase in
estimated revenue from the Commonwealth with the remainder of
$35,232 to be transferred from the General Fund Reserve for
Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that seven additional positions be allocated to the
FY 1985 City Jail Treatment Budget and that appropriations in the
amount of $112,163 be added to this budget for the positions to be
funded by an increase of $76,931 in estimated revenue from the
Commonwealth and a transfer of $35,232 from the General Fund
Reserve for Contingencies.
This ordinance shall be effective from the date of its adop-
tion.
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 1984.
FIRST READING, August 13, 1984
SECOND READING:
August 13, 1984
JCM/ORD/13
- 29 -
Item II-J-5
CONSENT AGENDA ITEM # 22349
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council ADOPTED, on SECOND READING, an Ordinance to appropriate funds of
$54,555 from the General Fund balance to refund the Federal Government
for site development of the SEATACK BORROW PIT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
Robert G. Jones
August 13, 1984
- 29a
AN ORDINANCE TO APPROPRIATE FUNDS
OF $54,555 FROM THE GENERAL FUND
BALANCE TO REFUND THE FEDERAL
GOVERNMENT FOR SITE DEVELOPMENT OF
THE SEATACK BORROW PIT
WHEREAS, in 1980, the City opened a borrow pit at Seatack
for the purpose of providing sand for the Beach Replenishment
Programy and
WHEREAS, the Federal Govermuent agreed to pay 50% of the
cost of clearing, grubbing, and stripping the site based on the
assumption that the pit would be used exclusively as the sole
or primary source of beach nourishment material as required for
Federal project authorization; and
WHEREAS, the material in the Seatack borrow pit had a high
clay content.and was unsatisfactory as the primary source of
beach material; and
WHEREAS, consequently, the ArMy Corps of Engineers has requested
that $54,555 paid by the Federal Goverrunent for site development
of the Seatack borrow pit be refunded; and
WHEREAS, City staff has reviewed and agrees with the costing
method applied in daterikining the refund amount.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $54,555 be appropriated
from the General Fund Balance to refund the Federal Goverrunent
for site development of the Seatack borrow pit.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of August 1984.
First Reading: August 6, 1984
Second Reading: August 13, 1984
August 13, 1984
- 30 -
Item II-J.6
CONSENT AGENDA ITEM # 22350
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance (AS AMENDED) to transfer Capital Project funds
of $700,000 for site acquisition in the LITTLE NECK AREA and to Authorize
the City Manager to Execute Purchase Agreement.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 30a -
AN ORDINANCE TO TRANSFER CAPITAL
PROJECT FUNDS OF $700,000 FOR SITE
ACQUISITION IN THE LITTLE RECK AREA
AND TO AUTHORIZE THE CITY MANAGER
TO EXECUTE PURCHASE AGREEMENT
WHEPEAS, City Council has recognized the need for a park
and fire station in the Little Neck area, and
WHEREAS, approximately 9.24 available acres have been
identified in this area as being appropriate for the desired
use, and
WHEREAS, funds of $700,000 are needed to acquire the site
and may be transferred from project 2-712 Dredging Eastern
Branch Lynnhaven River.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the acquisition of approximately 9.24
acres, known as the Brill property, on the Northwest corner
of Kings Grant Road and Oxford Drive for a park and fire
station site is hereby approved and the City Manager is
authorized to enter into the necessary agreement to purchase
the site, and
BE IT FURTHER ORDAINED that an appropriate capital
project be established for the acquisition and that funds of
$700,000 be transferred from project 2-712 (Dredging-Eastern
Branch of the Lynnhaven River) for this purpose.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 13 day Of Au2ust 1984.
(AS AMENDED)
August 13, 1984
JCM/ORD/15
- 31 -
Item II-J.7
CONSENT AGENDA ITEM # 22351
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance to authorize temporary encroachment into
a portion of the right-of-way of SANDFIDDLER ROAD to Frank T. Williams,
Jr., his heirs, assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of this en-
croachment.
3. The owner agrees to maintain this encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the City's
right-of-way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-of-
way.
6. No open cut of a public roadway shall be allowed ex-
cept under extreme circumstances. Such exceptions shall
be submitted to the Highway Divsiion for final approval.
7. This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: August 13, 1984
Robert G. Jones
31a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF SANDFIDDLER ROAD TO
FRANK T. WILLIAMS, JR., HIS HEIRS,
ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Frank T. Williams, Jr., his heirs, assigns and
successors in title is authorized to construct and maintain a
temporary encroachment into the right-of-way of Sandfiddler
Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private 2" PVC
force main to service a residence located at 3116 Sandfiddler
Road, and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Sandfiddler Road, on the certain plat
entitled: "Site Plan Lots 22 and 48,
Section 2, Tract C, Sandbridge Beach,' a
copy of which is on file in the
Department of Public Works and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Frank T. Williams, Jr., his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Sandfiddler Road and that Frank T. Wiliams, Jr.,
his heirs, assigns and successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Frank T. Williams, Jr., his heirs, assigns and
31b -
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Frank T. Williams, Jr. executes an
agreement with the City of Virginia Beach encompassing the
aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of August 19 84
MES/SM
5/14/84
(29)
DEPAR ENT
STOIORM
CITY ATT-'@N]EY
August 13, 1984
-2-
31c
Is
99. Q.,
SAND
44
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oo,o a
rL ,r,c OCEAN
August 13, 1984
- 32 -
Item II-J.8
CONSENT AGENDA ITEM # 22352
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED a Proposal of ALEX BROWN & SONS, INC. for the LEASE/PUR-
CHASE of various equipment for the Public Works Department totaling
$912,454.70; AND, AUTHORIZED the City Manager to enter into the necessary
agreements for the lease/purchase of this equipment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
- 33 -
Item II-J.9
CONSENT AGENDA ITEM # 22353
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council APPROVED Raffle Permits for the following:
WOMEN OF EASTERN SHORE CHAPEL
WOMEN'S CLUB OF CHESAPEAKE BEACH, INC.
ARAGONA GARDEN CLUB
HUMANA HOSPITAL, BAYSIDE ATJXILIARY
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
Aug,-,st 13, 1984
- 34 -
Item II-J.10
CONSENT AGENDA ITEM # 22354
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$1,761.66 upon application of certain persons and upon certification
of the Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
August 13, 1984
FORM NO. C@A. 7 34a - 7/20/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
ANI) Ul'ON CERTIFICATION OF THF TREASURER
FOR PAYMENT
BE i-r ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Tliat the followitig applicatioils for tax refunds upon certification of the Treasurer are hereby approved:
NAME I @ix Type Ticket Exotieri- Date Penalty Int. Total
y car of T,-tx Ntiniber tioii No. Paid
11 P G Industries Inc 83 pp 107660-3 5/6/83 1,216.62
Herminigildo A Baclig 84 pp 6487-7 6/3/84 12.00
Herininigildo A Baclig 84 pp 6486-8 6/3/84 315.78
Heriiiinidilgo A Baclig 84 pp 6488-6 6/3/84 15.48
Donald J West 84 pp 162584-0 6/5/84 177.78
Oneil J Fortin N/A Pkng 53401 6/26/84 12.00
Carole S Lattimer N/A Pkng 53528 6/26/84 12.00
Total 1,761.66
JUL
This ordinance shall be effective from date of adootion.
The above abatement(s) totaling
66 were approved by
the Council of the City of Virginia
Beach oii tlie@3-,day ofa@,gt
asurer
1984
Approved as t
Ruth Hodges Smith
City Clerl(
August 13, 1984
- 35 -
Item II-K. 1
APPOINTMENTS ITEM # 22355
Upon NOMINATION by Councilwoman Creech, City Council REAPPOINTED Robert W.
Berry, Jr., to a four-year term (September 1, 1984 to August 31, 1988) to
the VIRGINIA BEACH DEVELOPMENT AUTHORITY.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Rarold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 36 -
Item II-K.2
APPOINTMENTS ITEM # 22356
Upon NOMINATION by Councilman Jennings, City Council APPOINTED to
the VIRGINIA BEACH TASK FORCE ON YOUTHFUL STJBSTANCE ABUSE the following:
William M. Campbell, Jr.*
Bob Clyburn
Reverend William Dale
Thomas Leavitt
Consultants
Tommy Door
Lyn Marques
Laura Thompson
*(William Campbell had been previously appointed
on May 14, 1984)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 37 -
Item 11-L. I
UNFINISHED BUSINESS ITEM # 22357
Upon motion by Councilman Robert Jones, seconded by Councilman Baum,
City Council CANCELLED the Council Meeting of October 1, 1984 (Virginia
Municipal League's Annual Conference).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 38 -
Item II-L.2
UNFINISHED BUSINESS ITEM # 22358
Upon motion by Councilman Fentress, seconded by Councilman Louis R.
Jones, City Council CANCELLED the Council Meeting of December 24, 1984
(CHRISTMAS EVE).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 39 -
item II-L.3
UNFINISHED BUSINES ITEM # 22359
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council DECLARED a HOLIDAY for City Employees:
MONDAY, DECEMBER 24, 1984
(CHRISTMAS EVE)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
- 40 -
Item II-L.4
UNFINISHED BUSINESS ITEM # 22360
SAJO FARM
ADD ON
Councilman Baum distributed a MEMORANDUM concerning the R. G. MOORE Changes
of Zoning (SAJO FARM), approved by City Council action on November 21, 1983,
and Council's consideration on August 6, 1984, of a request to rescind the
zoning granted on the east side of Diamond Springs Road on 78.198 acres
designated for residential development on the approved PD-H2 LAND USE PLAN.
Council also considered on that date the request for the use of zero lot
line development on the west side of Diamond Springs Road.
The "LAND USE TAX" was reviewed and discussed in connection with same.
(Copy of Councilman Baum's Memorandum is hereby made a part of the record.)
August 13, 1984
- 41 -
Item 11-M. 1
NEW BUSINESS ITEM # 22361
CUNNINGHAM/
COST PARTICIPATION
AGREEMENT
Upon motion by Councilman Jennings, seconded by Councilwoman Creech, City
Council ADOPTED the following:
ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A COST PARTICIPATION AGREEMENT FOR A WATER LINE
ALONG DUKE OF WINDSOR ROAD IN THE PETITION OF H. W.
CUNNINGHAM AND DORIS L. CUNNINGHAM.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 13, 1984
41a -
AN ORDINANCE ATJTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT FOR A WATER
LINE ALONG DUKE OF WINDSOR ROAD
WHEREAS, H. W. Cunningham and Doris L. Cunningham,
owners of Lot 20E on the plat of Linkhorne Shores desire to
have city water service available to their lot, and
WHEREAS, a water utility project for this area is not
included in the present Capital Improvement Program, and
WHEREAS, these property owners had requested city
authorization to encroach into the city's right-of-way for
the purpose of installing a private water line, at their
expense, from the intersection of Duke of Windsor Road and
North Alanton Drive to their lot, and
WHEREAS, city staff is of the opinion that installation
of a larger, eight-inch water line to provide water service
and fire protection to the area will better serve the city
and all property owners in the area, and
WHEP,EAS, the owners of Lot 20E have agreed to install an
eight-inch water line in accordance with engineering plans
and specifications approved by the city, and
WHERFAS, the city will participate in the cost of
constructing such a watet line by reimbursing the property
owners the difference between the cost of installing the
private water line and the approved eight-inch water line.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized to execute a cost participation agreement with the
owners of Lot 20E in Linkhorne Shores for construction of a
water line along Duke of Windsor Road. Said agreement is
attached hereto and the same is hereby approved.
BE IT FURTHER ORDAINED that the city's share of the cost
estimated at $150,000 is established as a capital project and
the necessary funds are hereby transferred from existing
capital project #5-306 (Water Distribution Lines - 75%) for
this purpose.
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 13 day of August 1 1984.
AC P I'@ I -,,'M ]?NT
i,,; iti@ICIC! Liiis diy of AtiqLl@3t, 1904,
11. W. ('CJNNIN(,IIAM @iii(I 1)01?1'.q (@IJNNI@N(,IIAM (T)ILI
"Owii(2r.fi,,), p@)cliy of Llie 1-ir!3L 1-iEirL, and Llie CIIIIY 01? VIliGINIA
)r I-lit, S(-@0011(l
W 11 ']' N 11' S S E T II
Owil(@r@ irc FL,(- siiiiple owiier,.; of l,(-)t 201, C)@
Llic p.LiL ol- liiilclioriie Silores (the "Lot"), which i,3 also known a@
1504 [,)uke of Wiiidsor Roa(i ii-. Llie City of Virgiiiia Bt-)acll,
Virgiiiia; and
WHEIIEAS, Owners aiiti ottior lot owners along Duke (,f
wii),I,,;ol:, ltozitl IIZIV(@ Lk) li@ivc@ City wziL(,t:
available to their lots; an(.]
WIII,: I@1-:A.; , 1: Ii t@ (.' it: Y IIL)O@; l It) l@ 11@IV L@ L;Lit: II @i !;y!;LL, tit iii it
Capital Iiiiproveiii(Ljit Proqraiii, and
WIIEI@C,AS, Owners liad previously requested the City to
allow Owners to eiicroach upon ttie City's right-of-way in Duke oi
Windsor Road for the purpose of installing a private two-inch
water li,ne, at tlieir expense, froin the intersection of DLike of
Windsor Road and North Alanton Drive to the Lot; and
WliEREAS, after reviewijiq atid evalLI.Itillq tliis reqL)eSt,
City was of tho. opiiiion tliat-. tliat request sliould be denied, and
WHER13AS, City is of tlie opinion tliat the ijiteresto of
the City, the Owners, and of other property owners iii the area
.1 -i '3illoje L-igilt-ilic7li i I
i,i:i@ .1, I,)c@ I:)est ,;L@VVL'Cl k)Y L I i 11 L@
August 13, 1984
41c
to provide needed water service and fire protectic)n to the Lot
oi: wi )r )Zl(i; ilitil
@iii4i I 0 I)tiko- I?(
WIIEI([-,A,,;, 'Lli orcler to Eacilitatc- the provision of service
iii the area, ttie City has expressed a willingness to participate
i.n tlie cost of constructitig such a water line by paying to Owners
tlie (ii.f[ei-eiiee betweeii tlie cost kil iiistalliiig a private line to
serve tlie L.ot of owners atid the cost of installinq an eight-incli
water line to serve other lot owners in the area;
NOW, THEREFORS, in consideration of the inutual covenants
and undertakings herein set forth, the receipt and adequacy of
which are hereby acknowledged, the parties hereto do agi7ee as
fol.l.ows:
1. Owners agree, at their expense, to itistal.1 an
WiLor Line (the "WaLer ill I)Lll<e C)f Wi.il(IS()I: lto'lel
iii accordaiick- with etigineering pl.ans and speci.ficat ions
acceptable to and approveci by tlie City (tlie "Approveci
2. Owners, at their expense, shall forthwith engage a
registered, professional engiiieer acceptabl.e to the City to
prepare the Approved Plans and to make an estiinatl-. of tlie cosl-. oF
installing a two-iiicli w,.iter li.iic! solely I-oi- tlic, ol:
serviilg tlie Lot of Owners aiid, also, the cost ()f i.iistal.l.:iiiq tlici
Water i.ii iiccol-(Iallce wi.[-.Ii tlie A[)I)i:ovcei !;o
estiinates sliall. be proinptl.y sul)iiiittecl to tlie Dof)iii:tjneill- 4if ]'II 1) 1. i.
Utilities of the City (the "DepartiTient") for tlie purpose oE 1)(-iiig
reviewed and, if found acceptable by tlie DepartinenL, api.)I.-overl I-or
the purposes of this Agreement.
-2-
August 13, 1984
41d -
3. Thc- difference between the cost of installinq the
ill(, @o b(., I.,Vc, I-.Iie ]',ot ol: Owll(.Y,-,.; a
nd tile (-,ost of iiistall.inq the
tqai-.t,r I.I.iie i.ii accoi:datice witli Approved Pliiis shall be paid by
(!it@y t:o OWIILI:.,-@ wittii.ii tllirty (30) diys following coinpletion aild
acceptaiice of tlie Water Liiie by the City and payment therefore by
ol- fk)l: tl)L, dtisigil,
P.I,,ins or Llie respective lines sliall be
4. The City shall have the right, at any tiine, to make,
CC)Illl(-@ct, or perillit the cotinectioii of any otlier water facility to
tlie Water Line. Any such connection may be at any point, and the
ciLy 91),ill liave tile right, at aily tillie, to use the Water T..ine. to
,;(..! l@V(@ -iiiel
otlier pL@r.,;uii,@ uiice it lii;is bleii dedicateci to tlie City
sa.i.cl dedicition lias beeii accepted by the City.
5. IJI.)oll sticeesstu.L coiiipletion oJ- tile WaLer fille Ind
acco[)tance thereof by the City, owners hereby agree that the
Water i,iiie, including but not limited to water connections, water
ni.iiiis, valves, fittiiigs, and all other facilities, shall be
deemed dedicated to the City of virqinia Beach as of the date of
the City's written acceptance thereof, and Owners sliall llave no
further right or interest in the Water Line other than the right
to tap itito the Water Litie for service to the Lot upon payment of
the requisite developer line and tap fees due and owing at that
tiine.
6. owners shall indeinnify and hold the City haritiless
17roill @iiiy iiiicl Liability L)J- wilat(@VLIL' 11@ILLII:e ti-isill(I L)LI[@ ol! tlie
apl?roval, coiistructic)n, ancl/or installation of tlil- 14ater
L.iiie. -3-
August 13, 1984
4le
7. Tliis Aqreein'ent shall inure to the benefit of and be
1),Irti.es liereto and their respective heirs,
wnership of the
-,ors, ai-icl agsicins aiid stiall run with the o
B. Upon exectition of this Aqreeinent, it shall be
I)y Llt(, ('i,i@y i,ii i:li(@ CI(@rkl.,7, orf.ic(-) or Llie CirCLlit Court
(:)17 Lli(, City of Virqiiiii 13(-,acli, Virqiiiia, at Owner's expense to be
i.ii tll(@ liziilit@ of@ Owiier.,; ii.,., qi-aiitc)r atid tlie iiaiii(- ol,- tlie City
as grantee.
IN WITNESS WOEREOr-', 1-1. W. Cunninghain and Doris L,.
Cunninghain have caused their @,.aines to be liereunto signed and the
City of Virgiiiia Beacii, Virqiiiia, lias calised its niine to be
IIC!C(.@Lli)LO :3icII&I 1.)Y '.['Iioilias Ii. Mtielilt-,iiL)eck, CiLy Maila@ler.
WITNIESS the follow inq siclnatures and seals:
(SEAL)
H. W. CUNNINGHAM
(SEAL)
ORIS L. CUNNINGHAM
CITY OF VIRGINIA BEACH
BY_-CI-ifY-MANTkGFR
KJC/da
(48A)
8/8/84
8/9/84
-4-
August 13, 1984
- 42 -
Item II-M.2
NEW BUSINESS ITEM # 22362
BOND REFERENDUM
WORKSHOP
The approved Capital Improvement Program indicated that a BOND REFERENDUM
will be held in 1984 on SCHOOL, HIGHWAY, WATER AND SEWER PROJECTS. if
a referendum is to be held as a part of the General Election on November
6, 1984, the court order for the election must be entered no later than
sixty days prior to election day, which would be on or about September
6, 1984.
By CONSENSUS, City Council SCHEDULED a WORKSHOP on Thursday, August 16,1984,
at 5:00 p.m. for discussion of whether or not a REFERENDUM should be held in
1984.
August 13, 1984
- 43 -
Item II-N.1
ADJOURNMENT ITEM # 22363
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City Counci.1
ADJOURNED the meetin@. at 5:10 p.m.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harol.d
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
@, YI/@
Beverl@ . Hooks
Deputy City Clerk
Hodges Smith, CMC ;o-r Haro@l@qischober
City Clerk
City of Virginia Beach
Virginia
/bh
August 13, 1984